X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Orchard Hotel, LLC, Plaintiffv.D.A.B. Group LLC, Orchard Construction LLC, Flintlock Construction Services, LLC, JJK Mechanical Inc., Edward Mills & Associates, Architects PC, Casino Development Group, Inc., Citywide Construction Works Inc., Empire Transit Mix Inc., Marjam Supply Co., Inc., Rotavele Elevator Inc., SMK Associates Inc., FJF Electrical Co. Inc., City of New York, New York State Department of Taxation and Finance, Leonard B. Johnson, City of New York Environmental Control Board, Brooklyn Federal Savings Bank, State Bank of Texas, John Doe # 1 Through John Doe # 100, the last 100 names being fictitious and unknown to plaintiff, the persons, or parties intended being the tenants, occupants, persons, or corporations, if any, having or claiming an interest in or lien upon the premises described in the complaint, Defendants For the purposes of this disposition, motion sequence nos. 011, 014, and 020 are consolidated herein. In motion sequence no. 011, defendant Brooklyn Federal Savings Bank (BFSB) moves to dismiss the verified amended answer, with cross-claims and counterclaims (the Answer) of defendant Flintlock Construction Services, LLC (Flintlock) pursuant to CPLR 3211(a)(1) and 3211(a)(7). In motion sequence no. 014, plaintiff Orchard Hotel, LLC (Orchard) moves to dismiss the Answer pursuant to CPLR 3211(a)(1) and 3211(a)(7). In motion sequence no. 020, Flintlock moves for an order of attachment against Orchard pursuant to CPLR 6212(a) and requests pre-judgment interest pursuant to CPLR 5001(a). For the reasons set forth below, the Court grants Orchard’s motion to dismiss, partially grants BFSB’s motion to dismiss, and denies Flintlock’s motion for an order of attachment and pre-judgment interest.BackgroundFlintlock is a domestic limited liability company organized under the laws of the state of New York with its principal place of business in New York (Answer,32). Flintlock is in the construction business (Id., at79).At all relevant times, BFSB was a savings bank authorized to do business in New York (Marsh Aff.,5).D.A.B. Group LLC (DAB), which is no longer a party to this action, is a New York limited liability company (Answer,

33-34). DAB owned the property located at 139-141 Orchard Street in New York (the Property) until May 10, 2016, when the Property was sold to a third party to this action (Id.; DeCapua Aff.,

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
May 16, 2024
Dallas, TX

Consulting Magazine recognizes leaders in technology across three categories Leadership, Client Service and Innovation.


Learn More

Health Law Associate CT Shipman is seeking an associate to join our national longstanding health law practice. Candidates must have t...


Apply Now ›

Shipman & Goodwin LLP is seeking two associates to expand our national commercial real estate lending practice. Candidates should have ...


Apply Now ›

Epstein Becker & Green is seeking an associate to joins its Commercial Litigation practice in our Columbus or Cincinnati offices. Ca...


Apply Now ›
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›